Can I use a Certificate of Mailing or Transmission for all USPTO correspondence?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice:
“The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date…”
The MPEP lists several other exclusions, including certain international application filings, trademark-related filings, and correspondence filed in interference or trial proceedings. It’s crucial to review the full list in MPEP 512 to ensure compliance with USPTO rules.